SECTION V
MANAGING DIVERSITY IN TERMS OF THE
ETHICAL, LEGAL, MEDIA, AND MARKETING ISSUES
40. The Ethics of Workplace Diversity
THE ETHICS OF WORKPLACE DIVERSITY
Jeanne McNett
Northeastern University
Assumption College, Professor Emerita
Key Points
• Ethics is a process. When diversity is also seen as a process, its ethical
dimensions become more obvious.
• Ethical theories may be categorized into three groups: deontological (duty),
teleological (ends), and caring.
• Ethical approaches to diversity in the workplace are most likely to be found in
the teleological theories of utilitarianism and distributive justice.
• Diversity in the workplace can be practical and have an ethical foundation at the
same time.
Outline of Key Points
I. Economic arguments for diversity
A. Market-driven, increasingly due to globalization
B. Diversity broadens span of communication abilities
C. Non-traditional workforce tends toward increased creativity
D. Applications of resources-based theory of the firm
E. Economic/pragmatic approach differs from ethical approach
II. Categories of ethical theories
A. Deontological category of ethical theories (Kant) and their
application to diversity
B. Teleological category of ethical theories (utilitarianism and distributive
justice) and their application to diversity
C. Caring theories and their application to diversity
D. Particular and universal application of theories
40. The Ethics of Workplace Diversity
V- 3
III. Business pragmatism and ethical approaches: we can do well and do good
IV. Twelve questions to begin the diversity ethics discussion
Discussion Questions and Answers
1. Describe an approach to a business diversity program that would be
pragmatic and ethical.
Using the pragmatic-ethical matrix, the approach would probably be found in
Quadrant I, ethical and pragmatic, and is likely to be a teleological approach, perhaps
business efforts on the local scene that do not attract public attention.
Teaching Tip
Note: The question below could be used as a basis for students to conduct interviews in
local businesses.
2. What are some possible explanations for the hesitancy to discuss ethics in the
workplace?
This question goes beyond the specific material in the article and asks the student to
be discussed in the workplace may have to do with peoples’ discomfort with
discussing differences.
40. The Ethics of Workplace Diversity
V- 4
Such discomfort is often described as not wanting to hurt others’ feelings. There are
Nash’s questions.
3. This discussion’s definition of diversity rests on a valuing of differences
across many groups of people. Explain why valuing (the process) is what should
serve as the foundation for diversity and not the results.
Approaching diversity as a process rather than as a goal or an endpoint suggests that
lead to new ways of thinking throughout the organization.
4. Which of the final 12 discussion areas would be most difficult for you as a
manager to discuss in the organization with your colleagues? Why?
Many of these questions go to the universal problem in management decision–
making: there is never enough data to make an error-proof decision. Also, the idea of
Resources
Brady, Neil. (1996). Ethical universals in international business. Heidelberg, Germany:
Springer Verlag.
Kochan, T., Bezrukova, K. et al. (2003). The effects of diversity on business
performance: Report of the Diversity Research Network. Human Resources
Management 42 (1) 3-21.
Singer, Peter. (2002). One World: The ethics of globalization. New Haven CT: Yale
University Press.
40. The Ethics of Workplace Diversity
Additional Assignments (not in text)
1. Interview someone who works in an organization about a decision he or she recently
made related to diversity that may or may not have had ethical content. Explore the
basis of this decision. How would you categorize it in terms of its economic and
ethical characteristics?
2. Identify a member of an organization who would be considered responsible for
diversity in this organization. Interview this person to explore how she or he
understands the role of diversity in the organization. How does the organization
unleash the value of diversity? Analyze his or her responses in ethical terms.
3. Interview a member of an organization that seems to miss getting value or a business
advantage from diversity. Ask him or her to explore how the organization thinks
about diversity and whether the apparent lack of diversity is a concern. How would
you analyze the data you collect in ethical terms?
40. The Ethics of Workplace Diversity
Diversity on the Web
1. Investigate the inclusion (or lack of inclusion) of diversity/discrimination
in the ethical codes of businesses. You can begin by searching for the
words “diversity” or “discrimination” in the codes, but note that diversity
concerns may be covered by words other than these, e.g., “ respecting the
rights and privileges of all workers regardless of race, gender …”
2. Compare the codes of ethics for businesses with those of another type of
organization such as a non-profit or a government agency in terms of the
inclusion of diversity or nondiscrimination policies.
3. Compare and contrast the codes of two competing companies within the
same industry, e.g., the Marriott and the Hilton hotels in the hospitality
industry.
______
Sample Codes of Business Ethics
The following website, compiled by the Center for the Study of Ethics in the
Professions at the Illinois Institute of Technology, contains hundreds of codes of
ethics from corporations, professional societies, academic institutions, and
government agencies. The codes are organized into 25 professional categories
such as arts, business, communications, etc. The codes can be searched for key
words. http://ethics.iit.edu/codes/coe.html
The Your Code of Ethics website, created by Irwin Berent, is a clearinghouse
for “codes of ethics, oaths, pledges and other forms of verbal commitment,
statements of purpose, or declared standards of conduct.” This site is organized
into categories including three categories of business association codes: General,
Management and Sales or Selling as well as ‘Companies’ (U.S.) codes.”
http://www.yourcodeofethics.com
The Business Ethics website by Sharon Stoerger lists business codes of ethics
alphabetically by company name.
http://www.web-miner.com/busethics.htm
40. The Ethics of Workplace Diversity
V- 7
Teaching Tips for Diversity on the Web Assignments
1. Investigate the inclusion (or lack of inclusion) of diversity/discrimination in the
ethical codes of businesses. You can begin by searching for the words
“diversity” or “discrimination” in the codes, but note that diversity concerns
may be covered by words other than these (e.g., “ respecting the rights and
privileges of all workers regardless of race, gender…”).
The codes vary tremendously in terms of inclusion of diversity or discrimination
Executives as well as Corporate Governance Guidelines.
2. Compare and contrast the codes of two competing companies within the same
industry (e.g., the Marriott and the Hilton hotels in the hospitality industry).
In addition to the sources listed on the first page, codes for some corporations may
41. Ethics and Diversity Cases: Legal Applications in the Workplace
ETHICS AND DIVERSITY CASES:
LEGAL APPLICATIONS IN THE WORKPLACE
M. June Allard
Assumption College
Worcester State University, Professor Emerita
Goals
• To examine actual cases and situations in terms of how they may be judged
ethically as well as legally
• To examine the ethical implications of actions that may be viewed as beneficial
from one perspective, but not from another
• To examine backlash and reverse discrimination
Summary
The managers of today have gone far beyond consideration of workers in terms of single
diversity dimensions. Managers deal daily with multiple identities: a worker who is not
just older but who is older, female, and black, or a worker who is male and Asian–
American with a visual disability. The judicial system, however, still deals in single
dimensions. Discrimination charges and lawsuits are not filed in terms of composites or
multiple dimensions; they are filed in terms of age or gender or race or religion or
disability or other single dimension of diversity.
Teaching Tips
• Cases and Situations exercises are suitable for individual, group, or online
assignments.
• A useful reference for class discussion on how managers might avoid lawsuits is
the following website:
Cole, Y. (2007, Special Issue). Ten Ways to Avoid Discrimination Lawsuits.
DiversityInc. Retrieved May 19, 2007 from http://www.diversityinc.com
• Additional diversity cases can be found on the following website:
http://www.business-humanrights.org/Categories/Lawlawsuits/Lawsuitsregulatoryaction/
Click on “Lawsuits: Selected cases.” This website contains overseas and U.S.
discrimination lawsuits filed against American corporations such as Nike, Union
Carbide/DOW, IBM, Exxon Mobile, etc.
41. Ethics and Diversity Cases: Legal Applications in the Workplace
Discussion Questions and Answers to Cases and Situations
1. For each case or situation, consider the ethical implications from your
perspective. What do you personally think should be the outcome or resolution?
2. Investigate the resolution or current status of each case or situation. What was
Legal Considerations
Pretext Analysis. A key to analyzing almost any discrimination case is
determining whether an employer’s given reason for taking action against
an employee is the real reason, or a lie that covers up intentional
discrimination. This is known as a pretext analysis.
Under ADA, employers have the legal obligation to provide reasonable
accommodations for workers with disabilities to enable them to perform
their jobs. Employers are not required to provide personal accommodations
such as hearing aids and wheel chairs.
Employers should be especially vigilant in defining and articulating
essential job functions, and documenting the risks associated with an
employee’s failure to perform such functions.
Spoilation refers to the destruction, alteration or withholding of evidence.
It results in the courts assessing penalties or even preventing the party
from presenting evidence at all because if some of the evidence is “spoiled,”
then all of it is suspect.
41. Ethics and Diversity Cases: Legal Applications in the Workplace
provided by the legal considerations given in the text (and on the preceding mage of
this manual) and noted in the legal status of the cases.
Optional Assignments (not in text)
1. How might cases and situations be analyzed in terms of formal theories of
ethics? Jeanne McNett has provided ethics commentaries for a number of cases
and situations found in the text as well as for a number of optional cases
provided here in this manual.
Ethics Commentary. These commentaries are presented separately for each case.
and actions taken without any ethical consideration.
2. For additional exploration of legal situations involving diversity, assign the
additional cases and situations (beyond those in the text) that are provided later
in this article. You may wish to have students research legal and out–of-court
outcomes occurring after this text has gone to press.
41. Ethics and Diversity Cases: Legal Applications in the Workplace
CASES AND SITUATIONS
Ethics Commentaries are supplied by Jeanne McNett, author of The Ethics of Workplace
Diversity article found in the Understanding and Managing Diversity text.
1. EEOC v Sears Roebuck
Diversity Issue: Disability Accommodation
A former Sears service technician was injured on the job resulting in a permanent
disability. Even though he asked many times to return to work, Sears did not provide
accommodations and fired him when his disability leave expired.
Legal Status
The EEOC resolved this class action lawsuit by awarding $6.2 million plus
“significant relief” to the technician in its largest monetary award ever in a single
EEOC ADA suit.
U.S. Equal Employment Opportunity Commission. (2009, September 29).
Sears Roebuck to pay $6.2 million for disability bias. Retrieved November 8,
2013 from http://www.eeoc.gov.
2. Universal Studios
Diversity Issue: Amputation Disability or Rider Safety?
Two amputees, one with both forearms amputated and one with both legs amputated,
were prevented from riding the roller coaster at a Universal Studios SeaWorld theme
park.
In 2012, operators of the Revenge of the Mummy ride told the first man that he
couldn’t ride the roller coaster because he didn’t have hands to grip the safety bars.
Later that same year, both men were denied rides because a new policy required that
riders have at least one hand and one leg.
Eriq Gardner. (2012, July 11). Amputees Sue Universal Studios Over Access to
Roller Coaster. In The Hollywood Reporter. Retrieved February 22, 2013, from
http://www.Hollywoodreporter.com.
Legal Status
No resolution reported.
41. Ethics and Diversity Cases: Legal Applications in the Workplace
3. Fitness Chain Kid’s Club v Tot Disability
Diversity Issue: Tot Autism Disability or Safety?
A three-year-old was playing with toys in front of a slide in the Kid’s Club section of
a fitness club. When a staff member asked him to move away from in front of the
slide, he refused. Informed by his parents that the tot was autistic, the staff member
told them that had the staff known the child was autistic, he would not have been
allowed to play in the Kid’s Club.
Legal Status
The fitness center immediately revised its policies and began training to prevent
similar events in the future. A new card check system was planned to inform staff
members of children with special needs and monitor staffing levels. The national
office notified all employees on how to attend to autistic children. The complaint was
not litigated.
Maciel, K. & Schwartz, J. (2012, July 2). Fitness Club Responds to ADA Claim
from Child with Special Needs with Updated Policies and Procedures. Epstein
Becker Green. In Hospitality Labor and Employment Law blog. Retrieved
February 23, 2013, from http://www.hospitality and employment law blog.
4. Miller v Illinois Department of Transportation
Diversity Issue: Acrophobia Disability
Darrell Miller was a highway maintainer on a bridge crew. Most of his work could be
done on the ground or in a “snooper bucket.” He was terminated because his
acrophobia (fear of heights) restricted his work to no more than 25 feet off the
ground. His employer had a history of swapping duties to accommodate the strengths
and weaknesses of employees, but fired this worker for failure to meet essential
functions of the job. The supervisor stated that they did not grant requests.
Legal Status
The case was decided in favor of the plaintiff with the court noting a “failure to
engage in the interactive process” and the absence of any real undue hardship on the
part of the Department of Transportation to deny the accommodation request.
Find Law. United States Court of Appeals, Seventh Circuit. Miller v Illinois
Department of Transportation. No. 09-3143-2013. Retrieved February 21, 2013
from, http://caselaw.findlaw.com.
5. Mammone v President & Fellows of Harvard College
Diversity Issue: Mental Illness Disability
Michael Mammone was a museum receptionist at Harvard with bi-polar disorder. He
worked for seven years with no problem, but then his behavior changed. He began
singing and dancing in the reception area, conducted loud conversations and phone
calls and established a website denouncing the low pay at Harvard. He later began
wearing East Indian dress with necklaces, rings and bracelets and refused to stop
using his personal laptop while on duty. He refused to meet with his supervisor to
whom he used ‘abusive, threatening and sexually derogatory language’ and refused
police instructions to leave the premises. After receiving disability benefits from
Harvard for six months, he was terminated. Mammone charged Harvard with
disability discrimination.
Weintraub, B. (2006, May 15). University Wins Anti-Discrimination Suit. In
The Harvard Crimson. Retrieved February 23, 2013 from
http://www.thecrimson.com/article.aspx?ref=513483.
Ethics Commentary
From a deontological perspective, we could argue that his employers at Harvard have
a duty to tolerate his differences, not because of their effect, which we do not know,
but based on the belief that people should not be a means to an end, but rather, should
be treated with dignity, as individuals.
From a teleological perspective, Mammone’s behavior could be seen possibly as
adding to the environment of the library. It might add to the greater good by creating
a personalized atmosphere where people feel comfortable. His supervisor could also
be seen as having a responsibility, along with HR, to help him make decisions that
would support his health.
A caring perspective would lead to basic care for other humans, and in the particular
case, a duty of care in the relationship between Mammone and his colleagues. The
resolution of this issue appears to have moved quickly to the legal environment.
Legal Status
The Massachusetts Supreme Judicial Court ruled in Harvard’s favor. (No. SJC-
09609, May 12, 2006.) According to the Court, the standard of conduct is not lower
for those with disabilities than for those without disabilities. Mammone’s mental
illness affected his work, therefore he was not a ‘qualified handicapped person’ and
not protected by discrimination laws.
41. Ethics and Diversity Cases: Legal Applications in the Workplace
6. Football Referee
Diversity Issue: Visual Disability
When Big Ten football official James Filson lost an eye, he informed the head of Big
Ten Officiating and was told to continue working. He officiated games for six years
including two Orange Bowl games until the Commissioner of the Big Ten learned
about his vision. He was then terminated. He sued for violation of the Americans
with Disabilities Act.
Berkow, I. (2006, October 8). One-eyed Referee Flags the Big Ten Over Firing.
In The New York Times. Retrieved February 22, 2013, from
http://www.newyorktimes.com.
Legal Status
Mr. Filson was offered the position of technical advisor, but turned it down because
he wanted to be a field judge. The case was filed in the District Court in Chicago, but
settled out of court with an agreement stipulating that neither side can discuss the
terms of the settlement. He no longer officiates football, but continues to referee
basketball for small colleges and high schools.
Note: It is reported that at least two other men with only one eye have officiated high-
level sports.
Cypers, S. (2007, November 20). Filson still misses the game.
http://sporrs.espn.go.com Retrieved November 8, 2013.
7. National Federation of the Blind v Penn State University
Diversity Issue: Visual Disability
The complaint charges that the technology at Penn State University (e.g., course
management software, library catalog, website for its Office for Disability Services)
is not usable by those who are blind and further that technology allowing professors
to connect their laptops to a podium and display content on a screen cannot be
operated by blind faculty without assistance from a sighted person, etc.
Goldsein, D. (2011, October 11). NFB, Penn State Resolve Technology Access
Complaint. In Disability Law. Retrieved February 20, 2013, from
http://disabiitylaw.blogspot.
Legal Status
Under the terms of the settlement, the university will continue to implement plans to
make all electronic and information technology systems based on its campuses
(including classroom technology, course management systems, websites, library
resources, banking services, etc.) fully accessible to blind students, faculty, and staff.
41. Ethics and Diversity Cases: Legal Applications in the Workplace
Penn State also agreed to:
a) conduct a full accessibility audit by 2/15/12;
b) develop an Electronic and Information Technology Policy Statement;
c) implement training, instruction, and support across the campus,
d) purchase or recommend only electronic information technology that
provides the same programs, benefits, and services to blind individuals
as to those without disabilities, “except when it is technically not
feasible to do so.”
Retrieved November 8, 2013 from http://www.educause.edu/blogs/jcun
8. EEOC v Boh Brothers Construction Co.
Diversity Issue: Gender (Male) Stereotyping
A supervisor thought a male ironworker on a construction project acted too
“feminine” and not “rough enough for an ironworker.” He leveled abusive comments
and sexual taunts at the man and exposed himself to him. After the ironworker
complained, he was transferred to a lower-paying job that was slated for lay-off and
then was laid off. The company had no anti-harassment policy nor did it provide
training to supervisors on preventing harassment.
Legal Status
A Louisiana jury awarded the ironworker $451,000.
U.S. Equal Employment Opportunity Commission. (2011, March 29). EEOC
Obtains $451,000 Jury Verdict Against Boh Brothers Construction Co. for
Male-on-Male Sexual Harassment. Retrieved February 19, 2013, from
http://www.eeoc.gov.
9. Creed v Family Express
Diversity Issue: Transgender Discrimination
Christopher applied for a job as a male presenting a masculine appearance, although
he had already begun a gender change transition. After employment, he continued
with the transition, changing to feminine attire with nail polish, mascara, eyebrow
trimming, longer hair and finally using the name Amber. She/he continued to wear
the company mandated unisex uniform of polo shirt and slacks. After more than 50
customer complaints, the employer demanded that Amber come to work dressed as a
man and finally fired her/him. She alleged gender discrimination.
Leonard, A. (2009, January). Retail Employer Can Fire Transgender Employee
for Violating “Dress Code.” Leonard Link. New York Law School. Retrieved
February 22, 2013, from http://newyorklawschool.typepad.com .
41. Ethics and Diversity Cases: Legal Applications in the Workplace
Legal Status
Federal District Judge Robert L. Miller issued two rather confusing rulings:
1. Discrimination based on gender expression is protected; discrimination
based on gender identity is not. This appears to mean that cross-
dressers who do not claim any sexual change are protected; but
transsexuals who claim sex change are not.
2. An employer cannot discriminate based on sex stereotype, but can impose
a dress code that enacts sex stereotypes. An employer’s dress code that is
a pretext for sex stereotyping is illegal.
10. Wildflower Inn v Baker-Linsley
Diversity Issue: Sexual Orientation (same-sex couples)
In Lyndonville, Vt., the Wildflower Inn refused to book the wedding reception of a
lesbian couple. The refusal was made by an employee, acting without the owners’
knowledge, whose email stated that the Innkeepers did not host gay receptions at the
facility. The inn’s lawyer stated that the inn did not have a policy of discriminating
against same-sex couples.
American Civil Liberties Union. (2012, August 23). Baker and Linsley v
Wildflower Inn. Retrieved February 19, 2013, from http://www.aclu.org
Legal Status
The American Civil Liberties Union reports that the Inn agreed to pay a $10,000 civil
penalty to the Vermont Human Rights Commission and place $20,000 in a charitable
trust. The Inn decided to cease holding any more wedding receptions.
November 24, 2012. Vt Inn settles suit over gay reception
Worcester Telegram & Gazette A10.
11. Talavera v Shah (USAID, Wash. DC)
Diversity Issue: Sexual Harassment
A federal employee filed a complaint alleging sexual harassment from a contractor
when, in spite of her excellent evaluations, she was passed over for a promotion
because “another candidate had a ‘superior interview’.” The interviewing supervisor
had destroyed all interview notes, however.
Legal Status
The court decided for the plaintiff. The principle of “spoilation” was applied and the
court ruled that it was reasonable to infer that the notes were destroyed to hide
41. Ethics and Diversity Cases: Legal Applications in the Workplace
evidence of either discrimination or pretext, which undermined the department’s
defense.
Garland’s Digest Case Summaries March 28-April 1 2011 Cases. Talavera v.
Shah. Retrieved February 20, 2013, from http:garlands-digest.com.
12. University of Toledo
Diversity Issue: Sexual Orientation Discrimination or Freedom of Speech?
A top human resources official at the University of Toledo wrote a newspaper article
challenging the idea that gay people deserve the same civil rights protections as
members of racial minority groups. The university fired the HR official.
Legal Status
A federal appeals court decided in favor of the university and upheld its firing of the
Human Resources official.
Blake, E. (2012, February 27). Federal Court Dismisses Suit
Against UT. In Toledo Blade. Retrieved February 18, 2013, from
http://www.toledoblade.com.
13. Pickler v Ford Dealership
Diversity Issue: Pregnancy Discrimination or Worker Safety?
Marilyn Pickler was working for the Berge Ford auto dealership. A week after she
told a manager that she was pregnant, she was fired on the grounds that it would not
be safe for her to drive (which was a part of her job).
Work Place Fairness Court Cases in the News. State: AZ. (2004, June 16).
Berge Ford Pays 470,000 in Discrimination Costs. Retrieved February 20,
2013, from http://workplacefairness.com.
Legal Status
The U.S. Equal Employment Opportunity Commission filed suit against the Ford
dealership and won $70,000 for her with the dealership agreeing to provide
employees with more training in pregnancy discrimination.
Yanis, J. (n.d.) Mesa, Ariz. Ford dealership settles pregnancy lawsuit. The
tribune, mesa, ariz knight ridder/tribune business news. Retrieved November 8,
2013 from http://www.highbeam.com.
14. University and Community College System of Nevada v Farmer
Diversity Issue: Race and Gender Discrimination
Yvette Farmer, a white female, was a finalist for a position in the sociology
department at the University of Nevada at Reno. The university hired an African–
American male instead, paying him more than the posted salary range. One year
later, the white female applicant was offered a position at $7,000 less than the black
male received when he was hired the year before. The female sued, arguing
violations of the Equal Pay Act and the Civil Rights Act. The university argued that
since only one (1) percent of its faculty members were black, it followed a “minority
bonus program” whereby a department could hire an additional faculty member if it
first hired a minority faculty member.
AAUP. (2005). University and Affirmative Action Update. Retrieved
February 18, 2013, from
http://www.aaup.org/AAUP/protectrights/legal/topics/aff-ac-update.htm.
Ethics Commentary
A deontological approach to this complex issue might suggest that a basic human
duty is to treat others as individuals and not numbers or groups. If the duty is to
regard other humans as individuals, then the creating of classes (based on gender,
race, age, sexual preference, etc.) could be seen as problematic. Another tactic within
this general approach is to claim that the duty lies with aid for the disadvantaged.
A teleological approach might argue for the action that creates the greatest good, in
this case, the greatest social good. If ability is the key factor, then an ethical claim
could be made that ability would need to be identified and measured and fostered
across all social constituencies.
Legal Status
A jury awarded Yvette Farmer $40,000 in damages for violations of the equal pay act.
The university appealed the verdict, was denied a hearing before the district court and
took its case to Nevada’s Supreme Court. There was sharp disagreement among the
justices; Chief Justice Thomas Steffen however, ruled in favor of the university. The
U.S Supreme Court then declined to hear the case. The ruling in favor of the
university stands.
Muska, D. (n.d.) The supreme court upholds UNR’s racial spoils system.
Retrieved November 8, 2013 from http://NSA.NPRI.org
41. Ethics and Diversity Cases: Legal Applications in the Workplace
V- 19
15. New York and New Jersey v Arbitron
Diversity Issue: Minority Discrimination
New York and New Jersey sued Arbitron for civil rights violations with its new
Portable People Meters (PPMs). PPMs measure radio station program ratings. The
states filed the lawsuits because they believed the PPMs were not being distributed to
people from traditionally underrepresented groups.
Attorneys general of New York, New Jersey Sue Arbitron over PPM Issues.
(2013, February 24). In Target Market News from Radio Ink. Retrieved
February 24, 2013 from http://www.targetmarketnews.
Legal Status
The case has been settled with Arbitron agreeing to
1) pay $200,000 to settle the case in New York plus $60,000 in costs,
2) pay $130,000 for investigative costs,
3) put $100,000 toward a joint project between the National Association
of Black Owned Broadcasters and the Spanish Radio Association to
promote minority radio in New York, and
4) committing to new quality assurance targets with set deadlines for
securing accreditation for PPM from the Media Rating Council in New
York and Philadelphia.
Arbitron settles PPM cases in New York and New Jersey. Retrieved November
8, 2013 from http://www.research-live.com.
16. FedEx
Diversity Issue: Ethnic Discrimination
Ishmail Alijev, a Turkish political refuge from Russia and now a U.S. citizen, worked
for GNB Trucking Company in a Salt Lake City suburb for five years. GNB provides
uniformed drivers for FedEx trucks. An Iowa weigh station warned Ishmail’s
company (but did not issue a citation) about his Russian accent. GNB said he was an
excellent employee and wanted to keep him, but was told by a FedEx manager (who
did not speak to Alijev) to terminate him. Ishmail’s offer to demonstrate his speech to
high level company officials was declined. He filed suit.
Rumboy, D. (2012, November 27). Utah Truck Driver Claims FedEx Fired
Him Due to Russian Accent. In Desert News. Retrieved February 17, 2013,
from http://www.desertnews.com.
41. Ethics and Diversity Cases: Legal Applications in the Workplace
Legal Status
Alijev has filed a federal discrimination lawsuit seeking money for lost wages and
punitive damages. Reports are that he is now acting as an independent truck driver.
Schwartz, T. 2012. (December 29). FedEx driver fired over accent? Ishmail
files discrimination lawsuit. Retrieved November 8, 2013 from
http://blog.zap2it.com.
17. Smith v Lockheed-Martin Corp (11th Cr, 2011)
Diversity Issue: Reverse Race Discrimination
Lockheed-Martin has a “zero tolerance” policy forbidding anyone from engaging in
harassment against a legally-protected status such as race. Anthony Mitten, a white
supervisor, was fired for violating this policy and for improper-computer-use policies
after he received and forwarded an email entitled, “Why There Are No Black
NASCAR Drivers.” The email contained derogatory stereotypes of Blacks.
Black employees, however, were not fired, but were only suspended for a short time
when they used company email to circulate a derogatory characterization of white
men (“How to Dance Like A White Guy”) during the same time. Anthony Mitten
sued, claiming racially discriminatory termination.
Mollica, P. (2011, July 1). Daily developments in EEO Law. Smith v
Lockheed-Martin Corp, No. 09-15428 (11 Cir, June 10, 2011), In Outten &
Bolden blog. Retrieved February 3, 2013.
Legal Status
The white employee won this discrimination lawsuit. The court found “an appearance
of racial disparity” in the imposing of discipline for virtually the same infraction.